Guide · Motorcycle accidents · All states

How a motorcycle accident lawsuit works

Updated October 21, 2026By the Counselworthy team General information, not legal advice

Short answer

Most multi-vehicle motorcycle crashes are caused when other drivers don't see the rider, NHTSA says.
Proving the driver negligent typically takes a duty, a breach of it, and harm it caused.
In New Jersey, PIP doesn't cover riders, and a lawsuit generally must be filed within 2 years.

Checked October 21, 2026.

Sources: National Highway Traffic Safety Administration, Motorcycle Safety; Wex, Negligence; N.J.S.A. 39:6A-2(a), (h); N.J.S.A. 17:28-1.3; N.J.S.A. 2A:14-2(a). Every fact cites a source

Illustration: a plain navy motorcycle helmet and leather gloves on a desk beside a folder, a quiet street at dusk outside

What to do after a motorcycle accident

The first steps at the scene, from the National Association of Insurance Commissioners, then New Jersey's rules for riders.

Check the sceneStay calm and look over the scene.Source: Consumer Insight: Don't Be a Crash Dummy
Call the policeTell them about any injuries. If police aren't sent, file an incident report.Source: Consumer Insight: Don't Be a Crash Dummy
Don't admit faultBe courteous, but don't admit fault.Source: Consumer Insight: Don't Be a Crash Dummy
Get witnesses' detailsTheir names and contact information.Source: Consumer Insight: Don't Be a Crash Dummy
Keep notes on every callWhen you call an insurer, write down the name and contact details of the person you spoke with.Source: Consumer Insight: Don't Be a Crash Dummy

NJIn New Jersey: stop and share your details

A driver in a crash that hurts someone must stop. Drivers must give their name and address and show their license and registration.

Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130

NJIn New Jersey: report it

Tell the local police right away when anyone is hurt, or when one person's property damage is over $500.

Source: N.J.S.A. 39:4-129(a), (c); N.J.S.A. 39:4-130

NJIn New Jersey: your medical bills

PIP doesn't cover a motorcycle rider. A motorcycle policy carries PIP for pedestrians the motorcycle hurts, not for the rider.

Source: N.J.S.A. 39:6A-2(a), (h); N.J.S.A. 17:28-1.3

Source: Consumer Insight: Don't Be a Crash Dummy

Why rider injuries are so serious

Motorcycle riders continue to be overrepresented in fatal traffic crashes, NHTSA says.

Riders killed, 20246,228

16% of all traffic deaths that year.

Per mile traveled, 2024Almost 27 times more likely to die

Than people in passenger cars, and almost 5 times more likely to be hurt.

Source: National Highway Traffic Safety Administration, Motorcycle Safety

Proving the driver was at fault

Drivers who don't see riders

The majority of multi-vehicle motorcycle crashes are caused when other drivers simply didn't see the rider, NHTSA says.

Source: National Highway Traffic Safety Administration, Motorcycle Safety

What negligence takes

A duty the driver owed you, a breach of it, harm to you, and proof the breach caused the harm.

Source: Wex, Negligence

How you were riding

If a rider was doing something that made harm more likely, the driver's conduct may not be found to be the cause.

Source: Wex, Negligence

NJIn New Jersey: shared fault

Your recovery drops by your share of the fault. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJWhy PIP works differently for riders in New Jersey

PIP is part of every standard New Jersey auto policy, and it pays medical bills whoever caused the crash. The PIP law's definition of an automobile doesn't include motorcycles.

A car driverTheir own PIP pays first

Whoever caused the crash, up to the policy's PIP limit.

A motorcycle riderNot through the PIP law

A motorcycle policy must carry PIP for pedestrians the motorcycle hurts, not for the rider.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); N.J.S.A. 39:6A-2(a), (h); N.J.S.A. 17:28-1.3

NJHow a lawsuit runs in New Jersey

From the New Jersey courts' own guide to filing in the Superior Court.

The complaintThe lawsuit starts with a complaint and a case information statement, filed with the court.
The answerThe driver sued must answer within 35 days after being served.
Discovery, then maybe mediation or arbitrationBoth sides exchange information about the case. Before a trial, a case may be sent to mediation or arbitration.
The trialBefore a judge alone, or a judge and a jury.

Source: New Jersey Courts, How to File a Complaint in the Superior Court of New Jersey, Law Division, Civil Part (CN 10553, revised August 15, 2022)

NJThe deadlines in New Jersey

Sue the driver at fault, in generalN.J.S.A. 2A:14-2(a)Within 2 years
A government vehicle or roadN.J.S.A. 59:8-8Notice within 90 days after the claim arises

Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

National Highway Traffic Safety Administration, Motorcycle SafetyHow many riders die, how much riskier riding is per mile, and the most common cause of multi-vehicle motorcycle crashes. Checked October 18, 2026.
Wex, NegligenceThe elements that typically have to be proven. Checked October 18, 2026.
N.J.S.A. 39:6A-2(a), (h)Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 17:28-1.3Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
Consumer Insight: Don't Be a Crash DummyWhat to do at the scene of a crash, from the state insurance regulators' association. Checked October 20, 2026.
N.J.S.A. 39:4-129(a), (c)Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
N.J.S.A. 39:4-130Justia, 2025 New Jersey Revised Statutes. Checked October 21, 2026.
N.J.S.A. 2A:15-5.1Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
N.J.S.A. 2A:15-5.2Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
N.J.S.A. 39:6A-4Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 39:6A-4.3Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
N.J.S.A. 39:6A-5(g)Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
New Jersey Courts, How to File a Complaint in the Superior Court of New Jersey, Law Division, Civil Part (CN 10553, revised August 15, 2022)New Jersey Courts, self-help packet. Checked October 18, 2026.
N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

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Questions people ask

What should you do after a motorcycle accident?

Stay calm, call the police and tell them about any injuries, don't admit fault, and get witnesses' names and contact information, the NAIC says. In New Jersey, PIP doesn't cover a motorcycle rider.

How does a motorcycle accident lawsuit work?

It asks the driver at fault to pay for the harm the crash caused, and it has to prove negligence. In New Jersey, it starts with a complaint, the driver must answer within 35 days after being served, and both sides exchange information before any mediation, arbitration or trial.

Who is at fault in a motorcycle accident?

It depends on what happened. NHTSA says the majority of multi-vehicle motorcycle crashes are caused when other drivers simply didn't see the rider. In New Jersey, your own share of the fault cuts what you recover, and above 50% you recover nothing.

Does PIP cover a motorcycle accident in New Jersey?

Not for the rider the way it covers drivers. New Jersey's PIP law defines an automobile without motorcycles. A motorcycle policy must carry PIP for pedestrians the motorcycle hurts.

Are motorcycle crashes more dangerous than car crashes?

Per mile traveled in 2024, riders were almost 27 times more likely than people in passenger cars to die in a crash, and almost 5 times more likely to be hurt, NHTSA says.

How long do I have to file a motorcycle accident lawsuit in New Jersey?

Generally 2 years. If a public entity is involved, written notice is due within 90 days.